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" It is a familiar canon of construction that a thing which is within the intention of the makers of a statute is as much within the statute as if it were within the letter; and a thing which is within the letter of the statute is not within the statute... "
The American Law Register - Página 211
1855
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Reports of Cases Argued and Determined in the Court of Appeals of ..., Volume 10

New York (State). Court of Appeals, Erasmus Peshine Smith, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Joel Tiffany, Samuel Hand - 1860 - 650 páginas
...intention of the makers of a statute is as much within the statute as if it were within the letter ; and a thing which is within the letter of a statute, is...statute, unless it be within the intention of the makers ; and such construction ought to be put upon it as does not suffer it to be eluded. ( Bac. Air., tit.,...
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 32

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1861 - 722 páginas
...against the letter, in order to preserve the intent of the statute; for a thing which is in the letter is not within the statute, unless it be within the intention of the makers. (Smith on Stat. Con. 820, § 701. Bacon's Abr. stat. IT. 15 John. 380. 5 id. 449. 2 Burr. H. 786. 3...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 22

Nathan Howard (Jr.) - 1862 - 586 páginas
...intention of the makers of a statute is as much within the statute as if it were within the letter : and a thing which is within the letter of a statute is...unless it be within the intention of the makers." (Id.) " In construing a statute the intention of the legislature is a fit and proper subject of inquiry."...
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Reports of Cases Decided in the Court of Appeals of the State of ..., Volume 33

New York (State). Court of Appeals, George Franklin Comstock, Henry Rogers Selden, Francis Kernan, Erasmus Peshine Smith, Joel Tiffany, Edward Jordan Dimock, Samuel Hand, Hiram Edward Sickels, Louis J. Rezzemini, Edmund Hamilton Smith, Edwin Augustus Bedell, Alvah S. Newcomb, James Newton Fiero - 1866 - 724 páginas
...letter of the statute. (People v. Utica Ins. Co., 15 Johns., 358.) A thing within the letter of the statute, is not within the statute, unless it be within the intention of the makers. (Jackson v. Collins, 3 Cow., 89 ; James v. Patten, 2 Seld., 9 ; People v. Draper, 15 NY, 532; The Kingv....
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Reports of Cases in Law and Equity in the Supreme Court of the ..., Volume 45

Oliver Lorenzo Barbour, New York (State). Supreme Court - 1866 - 716 páginas
...construction be contrary to the letter of the statute ; and a thing which is within the letter of the statute is not within the statute unless it be within the intention of the makers. (Sedg. on Stat. and Com. Law, 296. Bac. Ab. Stat. 1. Jackson v. Collins, 3 Cowen, 89, 96. The People...
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Practice Reports in the Supreme Court and Court of Appeals, Volume 31

Nathan Howard (Jr.) - 1866 - 656 páginas
...seemed contrary to the letter of the statute, upon the principle that " a thing that is within tho letter of a statute is not within the statute unless it be also within the intention of the law makers. ( Wynkoop agt. Halbut, 43 Barb. R. 267, 268 ; 15 J. K....
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Reports of Cases Argued and Determined in the Supreme Court of ..., Volume 15

New York (State). Supreme Court, William Johnson - 1867 - 510 páginas
...much within the statute as if it were within the letter; and a thing which is within the letter of the statute, is not within the statute, unless it be within the intention of the makers. And such construction 298 OF THE STATE OF NEW-YORK. 381 ought to be put upon it as does not suffer...
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Trial of the rev. Stephen H. Tyng, jr. ... in the chapel of st. Peter's church

1868 - 318 páginas
...construction seems contrary to the letter of the statute ; and a thing which is within the letter of the statute is not within the statute, unless it be within the intention of the makers. The precise meaning of the rule will be best understood by a more minute reference to the adjudged...
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Trial of the Rev. Stephen H. Tyng, Jr: Rector of the Church of the Holy ...

1868 - 322 páginas
...construction seems contrary to the letter of the statute ; and a thing which is within the letter of the statute is not within the statute, unless it be within the intention of the makers. The precise meaning of the rule will be best understood by a more minute reference to the adjudged...
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Reports of Cases Argued and Determined in the Superior Court of the City of ...

Anthony L. Robertson - 1868 - 780 páginas
...letter of the statute. (People v. Utica Insurance Co., 15 John. 358.) A thing within the letter of the statute, is not within the statute unless it be within the intention of the makers. (Jackson v. Collins, 3 Cowen, 89. James v. Patten, 2 Seld. 9. People v. Draper, 15 NY Bep. 532. The...
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